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F <br /> Mashpee Zoning <br /> Board of Appeals Minutes <br /> 2 September 10, Zoo <br /> made aware that, in her opinion,the Developer has not fulfilled his original obligation to <br /> the community and that the residents would like to move forward with their lives and <br /> enjoy their retirement as they had planned. <br /> fail Barnes,--a Southport resident, also speaks about some unresolved issues. She reads <br /> several by-laws that state the Planning Board is the party responsible for the final <br /> decisions and not the Zoning Board. She refers to the 34 conditions and also feels the <br /> Developer has not complied with 2 pages of these conditions. <br /> Mr. Russell Wheeler, Building Inspector and Zoning Enforcement Officer, refers to a <br /> lever sent to him today from Town Counsel giving him full endorsement to cease issuing <br /> any and all building permits to the Developers at Southport until these matters can be <br /> rectified. Counsel has determined that the Developer must come before the ZBA as an <br /> applicant with their plans if that is what the Board desires. <br /> Mr. Regan suggests a sub-committee be formed to meeting with the Planning Board to <br /> investigate who is responsible for what part of the Original Special Permit and any <br /> modifications thereto. There is some confusion as to what was referenced and inferred to <br /> l years ago and the Board would life to review their obligations to that end. It is <br /> decided that Mr. Nelson and Mr. Brenn will begin to work with the Planning Board and <br /> let Mr. Larkin and Southport know when things progress toward some answers to their <br /> questions. Mr. began asks Mr. Nelson to beep them apprised of the outcome so they can <br /> move forward with the review of all final site plans. Mr. Regan an informs the Southport <br /> residents that the Ton as asAThole wants to see all of this resolved as soon as possible so <br /> that further construction cwi resume at Southport, which is what everyone wants. <br /> Patriot Development LLC: Requests a Special Permit under Section 174-25 G and <br /> 174-25 of the Zoning By-laws to construct building with wholesale business, <br /> storage and landscaping on property located in an I-I zoning district at 28 Nicoletta's <br /> Way Map 20 Parcel Mashpee, MA. <br /> Sitting; James Regan, Robert Nelson and Zella Elizenberry. <br /> Attorney Devin I irrane represents Robert Maffei and John Maffei (Patriot Development <br /> LLQ in this hearing. John Sla insl i of Cape &Islands is also Present for any <br /> engineering questions the Board may have. Mr. Kirrne informs the Board Haat his <br /> clients are seeping a Special Permit in order to construct and use the premises as a <br /> wholesale landscape business to include the storage of materials and equipment (indoor <br /> and out) used in connection with such wholesale business on Nicoltta's way. The <br /> parcel is an undeveloped puce of woodland containing 106,503 square feet with 400 feet <br /> of frontage. The parcel is primarily located in the 1-1 zoning district but also contains <br /> square footage in the C-3 zoning district as well. other than some parking to be utilized <br /> in connection with the use, the building and storage uses are situated wholly within the I- <br /> 1 zoning district. The applicant seeks to construct an industrial metal building consisting <br /> f 9,520 square feet. There shall be 45 parking spaces provided inside and out. The <br /> building will also contain a limited amount of office space but mostly used in connection <br />